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2011 DIGILAW 667 (GAU)

Nalin Chandra Gogoi v. State of Assam

2011-08-09

I.A.ANSARI

body2011
JUDGMENT I.A. Ansari, J. 1. Heard Mr. K.K. Phukan, learned counsel for the writ petitioner. Also heard Mr. A. Lall, learned Standing counsel, Education Department, Government of Assam, appearing on behalf of respondent Nos. 1, 2 and 3. 2. The case of the petitioner is, in brief, thus: The petitioner joined, on 1.6.1978, as an Assistant Teacher, in Pathalibam M.E. School, in the District of Dibrugarh, Assam. He became a Senior Graduate Teacher on 1.6.1991 and joined as the Head Master of Pathalibam M.E. School on 1.2.1999. The said Pathalibam M.E. School was amalgamated with Pathalibam High School, on 6.6.2005 and, on the amalgamation, the petitioner was allowed to function as Assistant Head Master (Academic), in Pathalibam High School, with effect from 12.12.2005. On the retirement of the Head Master of the said Pathalibam High School on 31.3.2007, the present petitioner joined as i/c Head Master in the said High School on 4.5.2007. As the process of selection of a regular Head Master for the said High School has been set in motion and the petitioner has not been called for taking part in the selection process, the petitioner, aggrieved by the action of the respondents/authorities concerned in not calling the petitioner to appear, in the interview, for the post of Head Master, the petitioner has filed this writ petition claiming that he has the right to be called to participate, in the selection process, for the post of Head Master of the said High School. 3. In support of his contention, the petitioner relies on sub-rules (3) and (4) of rule 14 of the Assam Secondary Education (Provincialised) Service Rules, 2003 ('2003 Rules'). For the sake of clarity, the relevant provisions of the said sub-rules are reproduced below : (3). The post of Assistant Head Master/Asstt. Head Mistress/Assistant Superintendent shall be filled up by promotion from the school-wise seniority list of Assistant Teachers on recommendation of the State Selection Board. The selection shall also be based upon satisfactory Annual Confidential Report for last 3 years and seniority of service in graduate scale of pay until a minimum 7 years of teaching experience. In case of amalgamated High School the Head Master/Head Mistress of the M.E. School is eligible for selection as Assistant Head Master/Asstt. The selection shall also be based upon satisfactory Annual Confidential Report for last 3 years and seniority of service in graduate scale of pay until a minimum 7 years of teaching experience. In case of amalgamated High School the Head Master/Head Mistress of the M.E. School is eligible for selection as Assistant Head Master/Asstt. Head Mistress subject to condition that - (i) the incumbent should have at least 5 years of teaching experience in M.E. School if he/she is the founder Head Master/Head Mistress of the M.E. School. (ii) The incumbent should have at lest 10 years of teaching experience in M.E. School if he/she is not the founder Head Master/Head Mistress' of the M.E. School. The seniority shall be determined as per provision of rule 24(2). (4) Eligibility for the post of Head Master/Head Mistress/Superintendent/Assistant Head Master/Asstt. Head Mistress/Asstt. Superintendent of High/High Madrassa School as the case may be - (i) The minimum qualification for the post of Head Master/Head Mistress/Superintendent/Asstt. Head Master/Asstt. Head Mistress/Asstt. Superintendent shall be graduate in Arts, Science or Commerce with B.T. or B.Ed, degree. (ii) He/she must possess at least 10 years of teaching experience as Graduate Teacher; (iii) He/she must possess at least seven years of teaching experience as Graduate Teacher to be an Assistant Head Master/Head Mistress/Asstt. Superintendent. 4. Referring to, and relying upon, the provisions of sub-rule (3) of rule 14, it is contended, on behalf of the petitioner, that as the Head Master of the Pathalibam M.E. School, the petitioner became eligible for appointment as Assistant Head Master in the amalgamated Pathalibam High School and he is, therefore, eligible for selection and appointment to the post of Head Master of the said school too. 5. There is, really, no dispute, at this stage, with regard to the petitioner's contention that, on amalgamation of Pathalibam High School with the Pathalibam M.E. School, the petitioner, being the Head Master of the amalgamated Pathalibam M.E. School, became eligible for appointment as Assistant Head Master in the amalgamated High School. However, the question, which arises for consideration is Whether a person, who is, otherwise, eligible for promotion to the post of Assistant Head Master, in a High School, would also necessarily be eligible for promotion to the post of Head Master of the High School? 6. However, the question, which arises for consideration is Whether a person, who is, otherwise, eligible for promotion to the post of Assistant Head Master, in a High School, would also necessarily be eligible for promotion to the post of Head Master of the High School? 6. The quest for an answer to the above question brings us back to sub-rule (4) of rule 14, which prescribes the qualifications for appointment to the post of Head Master/Head Mistress/Superintendent/Assistant Head Master/Asstt Head Mistress/Asstt. Superintendent of High/High Madrassa School, etc., as follows : (i) The minimum qualification for the post of Head Master/Head Mistress/Superintendent/Assistant Head Master/Asstt. Head Mistress/Asstt, Superintendent shall be graduate in Arts, Science or Commerce with B.T. or B.Ed. degree. (ii) He/she must possess at least 10 years of teaching experience as Graduate Teacher; (iii) He/she must possess at least seven years of teaching experience as Graduate Teacher to be an Assistant Head Master/Head Mistress/Asstt. Superintendent. (Emphasis added) 7. From a careful reading of sub-rule (4) of rule 14 of 2003 Rules, it becomes clear that every Assistant Head Master is not eligible for promotion/appointment to the post of Head Master of High/High Madrassa School inasmuch as one has to have, besides being a graduate in Arts, Science or Commerce, B.T. or B.Ed. degree as the minimum qualification for the purpose of promotion, and/or appointment, to the post of Head Master of a High/High Madrassa School. 8. In the present case, the petitioner does not, admittedly, have B.T. or B.Ed. degree and, therefore, in terms of rule 14(4) of the 2003 Rules, the petitioner is not eligible for promotion to the post of Head Master of a High School. The fact that the petitioner is presently holding the post of Assistant Head Master and/or that he has been functioning as i.e. Head Master of the said High School is immaterial so long as he does not possess the pro-requisite qualification for being promoted/appointed to the post of Head Master of a High School as prescribed by rule 14 (4) of the 2003 Rules. Since the petitioner does not fulfill the criteria, as indicated hereinbefore, for appointment/promotion to the post of Head Master of the said High School, the respondents/authorities concerned cannot be held to have committed any illegality in not calling the petitioner, as a candidate, for selection and appointment to the post of Head Master of Pathalibam High School. 9. Since the petitioner does not fulfill the criteria, as indicated hereinbefore, for appointment/promotion to the post of Head Master of the said High School, the respondents/authorities concerned cannot be held to have committed any illegality in not calling the petitioner, as a candidate, for selection and appointment to the post of Head Master of Pathalibam High School. 9. Situated, thus, it is clear that the impugned action of the State respondents/authorities concerned, in not calling the petitioner for the interview, in question, does not suffer from any infirmity, factual or legal. This writ petition is, therefore, not admitted and the same shall accordingly stand dismissed. 10. No order as to costs.